Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-03-09

l ana OF Cno Cf00G, OeClOeS Cnat lDdS"uCA ~
Speidel withdrew from the community in
1881 and never returned, and for moro
than fifty years took no steps to obtain
an account from the trustees or to assert
his alleged rights, he is not now entitled to
relief. II he ever had any rights he could
not assert them after such delays. Tho
decree of the Circuit Court is affirmed.
No. 1926. Accidental Insurance Com
pany OF North America plaintiff in error,
| the United States Circuit Court for the
District Of Illinois. This is suit upon the
policy of an accidental insurance and pre-
sents the question whether the policy of
! insurance against "bodily injuries, effected
| through external, accidental and violent
| means, and occ asioning death or complete
disability to do business and providing
that this insurance shall not extend to
death or disability, which may have been
caused wholly or in part by bodily infirmi-'
| ties or diseases or by the taking OF poison.
or by suicide or self-inflicted INJURIES"
covers threats by hanging ones sell
while insane. This court holds that the
question is to great extent by previous
decisions as to the effect OF a policy OF life
insurance, which provides that it shall be
null and void if the assured ''shall die by
suicide or shall die by his own hand"
This the court has repeatedly and uni
uclU, db SUCH pTOViotOAo, Aoo WI
tanning the words ''sane or insane" does
not include self-killing by an insane person.
There can be no doubt in the present state
of the law that Crandall did not die by
suicide" within the meaning of this policy,
and the same reasons are conclusive
against holding that he died by "self-in-
ficted injuries" If ''self-killing, suicide"
''dying by his own hand" can be predicted
OF an insane person, no more can "seifln-
ficted INJURIES for in either case it is not
his act-not the act of himself, nor does
the case come within the clause which pro-
vides that the insurance shall not extend
to death or disability, which may be
caused wholly or in part by bodily infirmi-
ties or disease. The words bodily, infirm-
tiles or disease" do not include insanity
upon the question raised. As to the effect
the leading sentence of the policy OF insur.
ing CrandalI against bodily injuries effected
through external. accidental and violent
means, the court holds that this sentence
does not speak of what the injury is caused
by, but looks only to ''means"
by which it is effected.
No one doubts that hanging is violent
means of death, as it effects the body from
without. It is external and according to
the decision "a to suicide under the policies
of life insurance, it cannot, when done by
an insane person, be held to be other than
accidental. Judgment of the circuit court
in favor of plaintiff was correct and is
affirmed.
The Postmaster General TO-DAY said the
failure of the Deficiency bill will probably
not in any way interfere with the opera
tions of his department, except to delay
the establishment of the free delivery SER
vice in new places.
The issue of standard silver dollars from
the :nints during the week ended March
was $313,714. The issue during the cor
week of last year was 1885,
coin during February amounts to $201,-
9s9
Commissioner Sparks has ordered the
to entry OF $4,000 acres OF
land in the Reed City, Michigan, land dis.
trict, which were selected in 1871 by the
Jackson, Lansing 4 Saginaw Railway Com
pany. The Commissioner in 1885 held
that these lands were excepted
from the railroad grant by
reason of having been embraced in an
Indian reservation at the date Of the
grant. and that by the subsequent extin-
,uishment of the Indian reservation. The
lands restored to the public domain, and
did not inure to the railroad company.
Lamar affirmed the decision and
the present action over the lands to settle
ment and entry under the public land
avs.
The Court also rendered decision in the
Ease of Frederick Hopt, indicted in the
District Court of the Third Judicial Dis
5rict of Utah in December, 1880, for the
murder of John F. Turner on the third Of
the preceding July. He has been four times
convicted in that court upon this indict-
nent of murder in the fret
legree. The judgment OF death pro.
nounced against him was three times
,evers by this court. The case came here
The fourth time on writ of error involving
certain technicalities relating to the ruling
of the lower court upon admission OF evil
lence, and instructions to the jury, and
.eference during the argument by the
district attorney to the previous trial of
The case. The judgment of the lower
court is now confirmed.